Jubilee Properties v Warringah Council [2015] NSWLEC 1042

Land and Environment Court New South Wales

Medium Neutral Citation: Jubilee Properties v Warringah Council [2015] NSWLEC 1042 Hearing dates: 11-13 February 2015 Decision date: 13 February 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Development application: objection to development standard for height, Legislation Cited: Environmental Planning and Assessment Act; Warringah Local Environmental Plan 2011; 26 State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development; Standard Instrument—Principal Local Environmental Plan Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827; Project Venture Developments v Pittwater Council [2005] NSWLEC 191; Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Texts Cited: Warringah Development Control Plan 2011; Residential Flat Design Code; Dee Why Town Centre Master Plan 2013 Category: Principal judgment Parties: Jubilee Properties (Applicant)

Warringah Council (1st Respondent) Sydney East Joint Regional Planning Panel (2nd Respondent) Representation: Counsel: Mr I Hemmings SC (Applicant) Ms H Irish (2nd Respondent)

Solicitors: Ms Rebecca Fleming Norton Rose Fulbright(Applicant) Mr A Gough Storey & Gough (1st Respondent) Ms D Holm (2nd Respondent) File Number(s): 10395 of 2014

Judgment 1. Jubilee Properties lodged Development Application No 2013/1168 with Warringah Council seeking consent for demolition works and construction of a mixed use retail/commercial and residential development at Nos 697-701 Pittwater Road, Dee Why. A Voluntary Planning Agreement accompanies the application. Because the capital investment value of the project exceeds $20million, the Sydney East Joint Regional Planning Panel (JRPP) exercised the function of consent authority for the application. The JRPP refused consent, contrary to the recommendation of the council, and Jubilee is appealing that decision. 2. The case was run by the JRPP with the council advising the Court that it supports the nature and scale of the development and finds the floor space ratio (FSR) and height consistent with the Dee Why Town Centre Masterplan.